CUPERTINO — City Attorney Randolph Hom said Monday he was ousted from his job over his objections to the planned redevelopment of Vallco Mall — an explosive allegation that could raise new questions about the legality of the controversial housing, shopping and office development that stands to transform this small Bay Area city.

Hom, who says in a new legal filing that he questioned whether the Vallco plans complied with state law, is accusing the city of putting him on administrative leave in an attempt to silence his objections and push the project forward. Now Hom plans to seek millions of dollars in restitution from the city in a retaliatory discharge lawsuit that could intensify debate over developer Sand Hill Property Company’s plan to turn the failing mall into a massive housing, shopping and office complex.

Hom filed a claim with the city Monday — the first step in suing a government entity. The city has 45 days to respond, and Hom will then have six months to file a lawsuit.

“We think that when courageous public servants like Mr. Hom take a stand and blow the whistle about conduct that they reasonably believe violates the law, that they should be protected,” said Hom’s lawyer, Adam Zapala of Burlingame-based Cotchett, Pitre & McCarthy, a law firm that has been behind several high-profile cases, including fighting billionaire Vinod Khosla over access to Martin’s Beach.

Brian Babcock, public information officer for the city of Cupertino, said the city is aware of the claim and has no comment.

Matt Larson, spokesman for Sand Hill Property Company, had not read the filing Monday and was not immediately available to comment.

The controversy began in March when Sand Hill applied to fast-track its Vallco redevelopment plan using SB 35, a new state law that forces cities to green-light certain residential and mixed-use projects that meet their zoning and general plan requirements to speed up badly needed housing construction. The plan was the first major project approved under the controversial state law, and housing experts paid close attention, noting the Vallco vote could serve as a test case for future developments.

In his legal claim, Hom says he quickly expressed his concerns about the project — he believed the Vallco plan was not eligible for fast-track status under SB 35 because it violated Cupertino’s existing general plan. Hom emailed then-City Manager David Brandt and Assistant City Manager Aarti Shrivastava on April 24, expressing his concerns, according to the legal document filed by Hom’s lawyer. He says he voiced his concerns again three days later.

In response to what Hom’s lawyer describes as Hom’s “whistleblowing,” city councilman Barry Chang sent Hom a series of text messages warning him to keep quiet about the SB 35 application’s deficiencies, according to the legal filing. The next day, Chang berated Hom in person, and threatened to fire him if he continued opposing the Vallco plan, according to the filing.

Chang did not respond to a voicemail or email requesting comment.

Hom says he refused to keep quiet, and on May 7 presented his views to Sand Hill’s lawyers. Hom was placed on administrative leave May 11, according to the legal filing. Hom, who was hired in 2016, had passed his performance reviews with “flying colors” and had his contract renewed twice before being let go, according to Hom’s lawyers.

Cupertino officials gave preliminarily approval to the Vallco SB 35 project on June 25, and granted final approval Sept. 21. Sand Hill began knocking down part of the old mall earlier this month. The project calls for 2,402 homes, 1.8 million square feet of office space and 400,000 square feet of retail space. After a two-day marathon hearing last month, in which more than 70 people spoke up in favor of the redevelopment or objected out of fear of overcrowding and traffic congestion, city officials approved an alternative plan for the Vallco site, giving Sand Hill the option to pick the alternative or stick to its own SB35 plan.

Hom’s prolonged absence from City Hall was quickly noticed by Cupertino residents, and rumors began swirling about his whereabouts. Better Cupertino, a grass-roots group fighting the SB 35 plan to redevelop Vallco, speculated that Hom’s disappearance was related to the controversial project.

“One has to wonder if the City Attorney will miraculously reappear after crucial matters on Vallco have been decided,” the group wrote in a Sept. 21 blog post.

Better Cupertino co-founder Liang Chao, who is running for City Council, said the legal filing highlights some big questions about the Vallco project’s compliance under SB 35.

Zapala says it’s concerning for his client too. Hom made more than $200,000 a year, and by placing him on administrative leave, city officials jeopardized his career, his salary and his retirement benefits, Zapala said, noting his client could seek millions of dollars from the city in compensation.

As for whether Hom’s lawsuit might create additional headaches for the Sand Hill developers, Zapala said he didn’t know. “Only time will tell, I suppose,” he said.

Marisa Kendall covers housing for the Bay Area News Group, focusing on the impact local companies have on housing availability in the region. She's also written about technology startups and venture capital for BANG, and covered courts for The Recorder in San Francisco. She started her career as a crime reporter for The News-Press in Southwest Florida.

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